Charged with common assault and breach of AVO, police fail to establish a 'prima facie' case

The Queen v MM

MM was charged with an offence of 'common assault' as well as for 'breach of AVO'. MM pleaded not guilty to each of the offences and the matter proceeded to a Hearing in the Downing Centre Local Court. 

Chris Cole appeared for MM. After the closing of the prosecution case, Chris Cole sought a no prima facie case’ direction – a direction seeking the Magistrate to find MM not guilty once the Police had presented all their evidence, without hearing from MM.  The learned Magistrate acceded to the direction and found the police had not made out a prima facie case against MM and the charges against him were dismissed.